A Pain in the AOS...

[Researcher]

     My wife and I had our Adjustment of Status(A.O.S.) Interview yesterday.This is the interview where it is decided by immigration whether or not my wife will recieve a green card. We arrived at the Immigration office about 30 minutes early. I decided it would be best since we would be going through security to get into the building. After sending our belongings through the Xray and walking through the metal detectors we go to the second floor and check in at the window. We are directed to stay on the second floor, have a seat and wait to be called. Our appointment was at 12:30pm. We were called back about 1:30pm where two Interviewing Officers were waiting. There were two of them because the one that would be doing the interview was a "trainee".....yipeee!!!!  The decision for my wife's green card is going to be in the hands of someone brand new to the job, thanks Uncle Sam. I didn't worry too much because we were prepared and had tons of photos and documents to "prove" our relationship.
               The interview began with the experienced interviewer explaining what a K3 visa was to the newby. Then they began discussing my wife’s immunization record and how it had not been put into a report from a civil surgeon here in the States. That’s right, the one from the embassy doctor may not be good enough and yes my wife’s embassy medical was done less than one year ago so it should be good. But it wasn’t. It’s a good thing we took it upon ourselves to have another medical done here in the US, by a civil surgeon a few weeks before the interview. As the IOs talked about this I reached into one of three bags we brought(full of documentation) and pulled out the I-693(civil surgeons report) that was in an envelope which had been sealed by the doctor for immigration. I was ready to lay the I-693 on them when they threw us a curve ball.
               The IO in training looked at the paperwork and asked my wife “could you tell us about the incident of you being removed from the US before and why you were removed?” I replied “my wife has never visited the US prior to our marriage.”  “Oh” the IO said “I’m still thinking about another case I had earlier. We will need your immunizations though.I know we have them here in this file but we need a copy from one of our civil surgeons here in the US.” With that I put the sealed I-693 envelope on her desk and said “this is probably what you need, right?”. She opened the envelope and began looking at the report.
               She stopped at section 2 because my wife flunked the TB skin test. “Look at this” she said to her trainer. As they were reading that section I said “yes, the skin test was no good because my wife had a TB vaccination as a child, that’s what the doctors said anyway.” The IOs kept reading and looked confused. I said “also, there was a chest Xray done which was evaluated along with the Xray done for the embassy.Both show normal results. It should also say on the report under “findings” that there is no class A or class B TB. At least, that is what the doctors told us and yes, we did go by the Health Department.” “Oh, yes I see that now” the IO trainee said. Everything else on the I-693 was OK so they moved on.
             They asked my wife all the “no” questions, such as, have you ever been arrested?, are you a terrorist? Etc…Then they asked if my wife had children to which she answered “no”. Next, they turned to me and asked how my wife and I met. Yes, this IMBRA thing will come up again. I said through LAI which is an IMB. “Did they do a background check?” they asked. I said “yes, and I had to complete a form that asked for my background as far as previous marriages, criminal history, past visas, etc…”
           The IOs then asked for proof of relationship and proof that we were living together. I had a stack of  utility bills,receipts for ESL classes, bank statements, health and life insurance forms for both of us(with each other as beneficiaries), prescription records, etc…and a book with about 100 photos of us with each other and with friends and family. They both proceeded to look through and came to one photo of me, our neice(my brother-in-law’s daughter) and my mother-in-law. They pointed to my mother-in-law and asked “who is this?”. My wife answered “my mother”. Then they pointed to my niece and quickly asked “is this your daughter?”. My wife said “no, that’s our niece”.
            They pulled out the bank statements and asked me “did this marriage broker check your bank account?”. That kind of confused me so I said “why would they check that?”. Then it dawned on me. They were asking the same questions in different ways to try and catch us in a lie. So I said “I don’t think they checked my bank account, they were only interested in my marriage history, visa history and whether or not I had a criminal background.”
                There were more questions but I think we did OK on the rest of the interview. When they were finished with the training session the trainee said “my supervisor will need to look at everything and we will let you know the decision within 30 days.” I looked at both of them and asked “so, are we approved?”. The trainee said “we will let you know within 30 days.
               So, my wife and I are in “limbo” because the government wanted to use us for some on the job training. Again, thanks Uncle Sam. If there is any advice I can give about the immigration process it would be this: Educate yourself about it and be as prepared as you can. Why learn about it? Because this is your spouse and not anyone else is going to care about this situation as you. Sure, there are people out there that will tell you they care but when the [snip]e hits the fan, you’ll probably find yourself in the cold. I recommend using a lawyer but be prepared to fire them if they don’t stand up for you when there is trouble. I did get some help from Senator Jeff Sessions that I didn’t expect to get and I may be calling on him again. Be prepared? Yes. Have originals and copies of the originals ready, as many photos as you can make and take them with you. But only give the interviewers what they ask for. Make everything simple and as easily laid out as you can.


 Researcher

[utopiacowboy]

Wow, what an ordeal. We did the AOS in San Antonio and did the whole thing in Spanish. We had to persuade the woman interviewing us to at least look at our wedding photos.

[Researcher]

           I checked the status of our AOS online and my wife's green card has been approved.Needless to say we are both very happy. It took about 3 weeks after the interview but with the trainee, I guess they used us for training purposes.I wasn't too happy with us being used this way but when I checked the processing times for this location thay called us 2 months ahead of time.So in all fairness, I can't complain about it.


   Researcher

[Researcher]

                    The AOS adventure continues.After receiving the "Welcome to the United States" letter I saw on the USCIS website that there would be up to an 8 week delay in green card production because they were upgrading their system.Since we didn't get the I-551 stamp after the interview we had to make an INFOPASS appointment to get it.We did that today.It was no big deal but just goes to show what you can run across during this process.
                     

                     Researcher

[michaelb]

That's nothing. Check the archives for my wife's misadventures. They denied her AOS because they claim she had failed to come to an appointment in Florida. We live in Texas, have since the day she arrived. Of course, she had gone to the same appointment in Texas, and we had the paper work, with their stamps and signatures on it, to prove it. Took darn near a year for the idiots to straighten out their own mistake AND cost me extra money, can't remember, but I think it was either $385.00 or $585.00 to file an appeal. To this day, they haven't acknowledged receiving the appeal (although they managed to cash the money order with no trouble). Finally some supervisor in the office that originally made the mistake promised she would "look in to it" and miraculously a couple of weeks later it was was approved.

 I hope that poor woman from Florida, the one who missed her appointment in Texas, got to stay with her husband too.

[Jeff S]

Can't wait til they're in charge of our health care

[Researcher]

 michaelb,  I have heard of that happening before.You really have to stay on top of everything and hold their (USCIS) hand it seems.

   Jeff S., That's a scary thought.

[jay5688]

Wow guys I am just starting the process and I hope you realize what a blessing you are for taking the time to put your experience in the forums. I have found all your information to be valuable for the search and dating process.
Now I start the fiance process and you guys are helping me all overagain. 

I am was trying to decide to do it myself or get a lawyer but, after reading this... WOW. I do not have the time to learn everything do the paper work, file the correct forms in the right order and  keep a regular job. Have you got any suggestions for a new guy that needs to start yesterday with the visa for a very patient girl in BQ.

thanks for all your work and dedication to us new guys.

[Researcher]

   Jay,

     I know I sound like a broken record but check out visajourney.com.A handy website with or without a lawyer.


     Researcher

[jay5688]

Thanks researcher, I have looked at the website before but, now I have a purpose.  The amount of infomation on this site and visajourney is amazing. I enjoy the detailed stories, with so much information to help new people on hopefully a onetime journey.

I know when dealing with the government in the past , each time I get more disgusted with a total lack of efficiency and no accountability/responsibility in almost every department I can name. I suppose the visa process is going to be the same way.
From what I have read the only losers are the people who pay the bills for them (taxpayers). I know when a business is run the same, it does not last very long, especially after the government takes their (small) LOL cut to keep the same departments from running out of money.

I am still not sure to have a lawyer involved or try to complete certain parts on my own. I hope William can give me his opinion on taking over  a K-1 visa if its already started or would it be better to start the process from the beginning with a lawyer.

[Ray]

Jay,

If you are going to hire a lawyer, do it from the start, before you file anything on your own.

Keep in mind that your petition will not go through the system any faster with a lawyer handling your case, perhaps even slower.

The forms aren’t hard to fill out yourself but you will need to spend some time preparing and researching the process. If you prepare your own income tax returns, then you can do the visa petition.

If you just don’t have the time and want to let someone else do it for you, shop around for a lawyer or paralegal with a good reputation and a reasonable fee. If you use a lawyer, I recommend that you use a member of AILA (immigration specialist).

Here’s my checklist to get you started on the fiancée visa paperwork if you do your own. Either way, you will still need to gather all of the documents, evidence, statements, etc. for the lawyer, so I would get started on that right now before you make the decision whether or not to do it yourself.

*****
K-1 Checklist

1. Completed Form I-129F
2. Filing fee (cashier’s check or money order)
3. Original Form G-325A (Biographic Information) for you
4. Original Form G-325A (Biographic Information) for your fiancée
5. One recent color passport photo of yourself
6. One recent color passport photo of your fiancée
7. Copy of petitioner’s certified birth certificate or proof of U.S. citizenship
8. Copy of documents showing legal termination of all previous marriages
9. Evidence of meeting within last 2 years
10. Original statements of mutual intent to marry
11. Evidence of valid relationship and mutual intent to marry
12. Certified copies of court and police records for any convictions of listed crimes
13. Signed statement attesting to the fact that document copies submitted are exact photocopies of unaltered originals
14. Copy of fiancée’s birth certificate (not required but recommended)
15. Copy of fiancée’s passport ID page (not required but recommended)

Translations:  Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.
*****

The immigration forms (I-129F & G-325A) can be downloaded (or filled on-line) at:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I recommend that you print out and study the forms and instructions carefully, even if you are going to pay a lawyer to file for you…

Ray
 

[jay5688]

Thanks Ray, this is just the kind of help I was looking for. I can follow the list and take care of it. You really have helped me, with this information posted all in one place. I will try the process with out a lawyer.

I called a local lawyer today. He said for $150 to talk about my case he is willing to tell me how much he will charge to do the visa process ummmm..

I know in my business I have never been able to convince my customers to pay me just to tell them how much I will charge them to do the work, LOL
I realize all lawyers are not this way, so I hope no one takes offense. I guess this tactic works on some people.

thanks so much Jay

[texassingledad]

That is very helpful ray Ray thanks.

[bcc_1_2]

Can't wait til they're in charge of our health care

i hear ya, once they start delivering our mail I'm outta here.  If I can't live in a country where insured people are denied transplants that must be a sign of the apocalypse or something. I'm going to write Pat Robertson right now and ask him what he thinks.

There are two sides to every story. Researcher had a difficult time and I'm sure bigger mistakes have been made and caused some stress for legitimate couples. But I don't envy these peoples jobs because they got to figure out who is real and who is not.

[Ray]

I'm glad to be of help jay.

I wouldn't pay a lawyer $150 either to find out how much he is going to charge you. Next time, instead of contacting a lawyer directly, try the local Bar Association. I think most have a lawyer referral service where you can get an initial consultation for free or for a nominal fee.

There are a few things to watch for when filling out Form I-129F. Use full middle names. Be careful when using "N/A" and "NONE". For example, instead of N/A, the proper response for questions A.7, B.7, A.9, B.10, B.13 would be "NONE". Always be sure to list any children she has, even if she isn't planning to bring them along.

In addition to Form G-325A and her written statement of intent, there are some documents that she can start working on now. She can download the K-visa appointment package and instructions here to get an idea of what she needs to start preparing:

http://bogota.usembassy.gov/appt-package.html

Ray